Legal Aid Society of Palm Beach County Newsletter Summer 2009

THE NEWSLETTER OF THE LEGAL AID SOCIETY OF PALM BEACH COUNTY SUMMER 2009OUR MISSION: Fair Housing Project Celebrates Tenth Year of Service!To provide high quality civillegal advice, representation and Ten years after its inception, of eviction, despite their valid leas- criminate against families witheducation to the disadvantaged Legal Aid’s Fair Housing es. It was later discovered that the children when renting property.of Palm Beach County so as Project is stronger and complex’s owner had actually Thus the Legal Aid Society’s Fairto protect their personal safety, busier than ever. The demand for agreed to lease the property to a Housing Project recently filed suitenhance their opportunities services continues to grow in this faith-based company that would on behalf of a group of the Pelicanand living conditions, and trying economy. Even as rentals use it to house released sex offend- Lake Village residents and willpromote self-sufficiency. and home prices become more ers. They decided to remove all continue the fight to stop discrimi- affordable as home values drop, children from the park before the nation of individuals based uponBOARD OF DIRECTORS the housing market in Palm Beach sex offenders moved in. It is their race, sex, ethnicity, religion, County is still inaccessible to many unlawful under federal, state and disability, or familial status.OFFICERS of the County’s most vulnerable county fair-housing laws to dis- citizens. Thanks to a recent grantMariano Garcia, Esq. from the US Department Celebrating Upcoming Events:President of Housing and Urban JusticeJeffrey Devore, Esq. Development’s Fair Housing Annual CommunityVice President Initiatives Program – Private 21st Annual Pro Bono Back-to-School BashMiriam Acosta-Castriz, Esq. Enforcement Initiative, the Fair Saturday, August 8, 2009Secretary Housing Project investigates and Recognition Evening & Auction Cup of Justice Golf TournamentJerald S. Beer, Esq. enforces complaints related to dis- page 7 Bear Lakes Country ClubTreasurer crimination. The majority of cases Monday, October 12, 2009Gary Woodfield, Esq. we see involve discriminationImmediate Past President against families with small chil- SUMMER 2009 | 1 dren and refusals of landlords toTRUSTEES allow tenants with disabilities to make reasonable accommodationDavid P. Ackerman, Esq. modifications to their dwellings.Claire Arnold The Project has netted over a half aF. Gregory Barnhart, Esq. million dollars in settlementsBill Bone, Esq. throughout its ten year tenure.Patrick J. Casey, Esq.Carey Haughwout, Esq. RELATED CASE:Thomas Kincade, Esq.Jane Kreusler-Walsh, Esq. In December 2008, all of the resi-Richard Lubin, Esq. dents of Pelican Lake Village apart-Rafael J. Roca, Esq. ment complex in Pahokee receivedMichael Salnick, Esq. a “formal notice” from the com- plex’s owner stating that the parkDIRECTORS had been sold and was being con- verted to an adults-only communi-Patience Burns ty. All tenants with children wereRobin Bresky, Esq. told to leave by January 1, 2009 –Howard Coates, Esq. less than three weeks later – or elseDavid M. Gaspari, Esq. be evicted “immediately.” ManyGarry Glickman, Esq. residents, who have children, wereRichard Greenfield, Esq. forced to vacate hastily and in fearRosemarie Guerini, Esq.Judith HertanJohn M. Howe, Esq.Phillip Hutchinson, Esq.Denise Rappaport Isaacs, Esq.Hank Jackson, Esq.Carole T. KleinNancy LambrechtScott Murray, Esq.Grier Pressly, Esq.Lawrence Rochefort, Esq.Robert M.W. Shalhoub, Esq.Kevin Smith, Esq.Michelle R. Suskauer, Esq.Matthew Triggs, Esq.Victoria Vilchez, Esq.LEGAL AID SOCIETY

Letter from the President and Executive DirectorRobert A Bertisch, Esq. Dear Friends,Executive Director This edition of our newsletter highlights the important work being done by Legal Aid inMariano Garcia, Esq. advocating for the rights of two of the most vulnerable groups in our community: individu-President als and families facing loss of their home and abused, neglected, disabled and foster children. As a result of our current economic crisis, our Fair Housing and Elder Law Projects are being inundated with requests for assistance from county residents facing mortgage foreclosure. Whether they are victims of predatory lending practices, unfair and deceptive financing schemes or have recently suffered a loss of employment, Legal Aid is providing Mortgage Foreclosure Prevention Clinics and Foreclosure Intake Days to help these distressed home- owners. Our Development Department is hard at work securing additional funding to enable us to increase the resources devoted to this county-wide problem. Additionally, our Board of Directors and staff are strongly committed to protecting the rights of all children involved in our legal system. Whether it is ensuring they receive appropriate placement and treatment in the Juvenile Justice system, are provided with a safe, secure and permanent home, or receive the educational opportunities to which they are legally entitled, the Legal Aid Society’s Children’s Advocacy Projects are on the front line protecting children’s rights. Recently the National Association’s Council for Children recognized Legal Aid’s Juvenile Advocacy and Foster Children’s Projects as 2 of the 50 best children’s law firms in the United States. Additionally, the University of Chicago’s Chapin Hall Child Research Center conclud- ed after a 1 1/2 year evaluation of Legal Aid’s Foster Children’s Project (FCP) that those foster children represented by FCP were 60% more likely to find permanent homes than those foster children not represented by FCP. On behalf of the Board of Directors and staff, we want to thank you for your continued support of Legal Aid and its programs and your commitment to equal access to justice for all individuals in our community. www.legalaidpbc.orgLegal Aid Responds to the Foreclosure CrisisForeclosure filings went up another 50% ing organizations. The clinics are designed to lending, the client is referred to our Fair in February 2009 – more than five times provide information to the general public Housing Project. If the client is over age 60, the number of foreclosures in 2006. about the foreclosure process, consumers’ he or she may be assisted through the Elder More and more homeowners are losing their rights, options to prevent foreclosure, and Law Project. And if the case involves parents homes, and forecasters expect the trend to information about community resources to of minor children, they may be helped continue for at least another year. With thou- assist persons in need. Legal Aid and Pro through Legal Aid’s Family Empowerment sands of Palm Beach County residents facing Bono attorneys present information and meet Coalition. foreclosure, Legal Aid has been inundated with clients on-site to discuss their cases. with requests for assistance in recent months Attendance so far has been overwhelming. In order to serve clients who do not meet the – fielding more than 300 phone calls and 50 eligibility requirements of other projects, walk-ins each week. In response, Legal Aid In addition, foreclosure case intake is done Legal Aid development staff are vigorously began its Foreclosure Prevention Initiative, every Wednesday at the Legal Aid office. pursuing additional funding to support a an off-shoot of our Fair Housing Project. Three staff attorneys contribute approximate- full-time licensed staff attorney to be dedicat- Through the initiative, an on-going series of ly ten hours each week to the Initiative with ed to the foreclosure initiative. Criteria for Mortgage Foreclosure Prevention Clinics is support from two volunteer attorneys. The clients to be served through the initiative will being offered throughout Palm Beach attorneys are available to meet with clients include the value of the home involved and County. The clinics are hosted in collabora- who have been served with mortgage fore- clients’ income. tion with other social service agencies, real- closure notices, to answer clients’ questions, tors, lenders, consumer credit counselors, to review their documents, and to prepare SUMMER 2009 elected officials, and other community hous- pro se answers. If the case involves predatory2 | LEGAL AID SOCIETY

Legal Aid Welcomes New Board Members Rosemarie W. Guerini received J. Grier Pressly III is a partner with her Bachelor of Arts degree in political Pressly & Pressly, P.A. A native of West science from the University of Palm Beach, Grier holds both a B.A. and Massachusetts and her JD from Stetson his J.D. from the University of Florida. College of Law. Rosemarie started her Grier has practiced his entire career in legal career as a paralegal for a family Palm Beach County and specializes in law firm in Boston before attending law estates, trusts and probate litigation. He school. Since graduation she has contin- is a past president of the Young Lawyers uously practiced in all areas of family law Section of the Palm Beach County Bar from the trial to the appellate level. She is Association, and serves as a board mem-currently a member of Rutherford Mulhall, P.A. and practices out ber and officer of the Historical Society of Palm Beach County.of the firm’s West Palm Beach office. Rosemarie is active in the Grier was recently elected to the Palm Beach County BarFamily Law Section of the Florida Bar and sits on that section’s Association’s Board of Directors.Family Law Legislative Committee. She is a member of the PalmBeach County Bar Association’s Family Law Practice Committeeand a member of the Florida Association of Women Lawyers(Committee Co-Chair). Phillip Hutchinson is a shareholder Kevin C. Smith is a partner at the with Greenberg Traurig, LLP. Phillip’s West Palm Beach personal injury law practice consists of the representation of firm of Lytal, Reiter, Clark, Fountain and clients in various complex litigation mat- Williams. He specializes in the areas ters, including class action, eminent of medical malpractice, automobile acci- domain, fair labor standards, construc- dents and wrongful death claims. tion defects and other commercial litiga- Kevin received a Bachelor of Science tion matters. Phillip has substantial expe- degree in political science from Florida rience in state and federal courts in State University in 1987, and a Juris Florida. His clients include Fortune 500 Doctor Degree from the University ofcompanies as well as start-up businesses throughout the country. Florida College of Law in 1990. Kevin is a Florida Bar BoardPhillip also serves as General Counsel for New Bethel Missionary Certified Trial Lawyer. He is also a member of the Million DollarBaptist Church and is a member of the Southeastern Consortium Advocates Forum, an organization whose membership is limitedfor Minorities in Engineering. He earned both his J.D. and his to attorneys who have achieved a verdict or settlement of one mil-undergraduate degree from the University of Florida. lion dollars or more on behalf of an injured client. Get your School Supplies Ready! SUMMER 2009 | 3 The Community Back-to-School Bash In partnership with over 30 other community agencies, the Legal Aid Society is once again gearing up to help provide much needed school supplies to over 8,500 disadvantaged children in Palm Beach County. This year’s Annual Community Back-to-School Bash will be held on Saturday, August 8, 2009. Donations and volunteers are welcome. Please contact Harreen Bertisch at 561-655-8944, ext. 257 for information. August 8, 2009LEGAL AID SOCIETY

A Joyous Ending to a Foster Mother’s Long WaitFoster Care ProjectAttorney Follows HerIntuition to ProtectChildrenIn June of 2004, five month old Jaden and his 19 month old sister Julia were removed from their parents’ care afterthe baby boy was physically abused bytheir father. The children were placed infoster care, and the parents were given acase plan by the court to follow in order toregain custody of their two young children.While the parents both followed the planand received intervention services, thefather refused to acknowledge that he hadever hurt the baby. The mother, obviouslya victim of repeated abuse herself, defend-ed the father and continued to live withhim despite the judge’s “no contact” order.When asked why she continued to do so,her response was that “he told her to.”Legal Aid attorney Kelly Moore Bertisch Attorney Kelly Moore Bertisch with Julia andrecognized that while the mother was Jaden Aveygoing through the motions to abide by thecase plan, her fear of leaving the children’s Judge Peter Blanc with Jaden and Julia Avey –father clearly outweighed her desire to be a putting his stamp of approval on their adoption!good mother to her two babies. On paper,the mother was doing what was required in a quality childcare program and that and well-adjusted. To show her apprecia-to get her children back. Yet in reality, she they learned Spanish so that they could tion for all that Legal Aid – and Kelly inwas still endangering her children by con- communicate more easily with their moth- particular – did to help her, Marie set up atinuing to associate with their abusive er during visitations. She even took them to scholarship at Kelly’s law school almafather – a pattern she could not seem to Disney World while their case was being mater, Franklin Pierce Law Center inbreak. Kelly said she ‘knew in [her] gut that heard. Marie’s heart was breaking with the Concord, New Hampshire, to encouragethe mother would not protect her children’ thought that the vacation could be her last other students to follow in Kelly’s footstepsagainst their father. So against the odds, with the children as the judge decided in public interest family law. Marie keeps aKelly fought to keep the children in the whether or not to return them to their bio- quote on the wall behind her desk at workcare of their foster mother, Marie Avey. logical mother. Yet she smiled and never that she says best represents how she feels let the children see how worried she was. about Kelly: “To the world you may be justThis was a unique case in that the parents She was thrilled when Kelly, her Legal Aid one person, but to one person, you just maydid everything they were ordered by the attorney, called to inform her that Judge be the world.”court to do from a legal standpoint to Peter Blanc had ruled in her favor and thatregain custody of their children. But Kelly the children would be allowed to remainrefused to ignore her instincts. She some- with Marie permanently.how just knew that the mother had notlearned how to guard against the children’s Julia and Jaden have been officially adopt-future abuse. It was up to Kelly and the ed and continue to thrive with their newLegal Aid team to prove to the judge that mommy, Marie. They are happy, healthy,the children would be in potential danger ifreturned to their mother.Meanwhile, the children were in the care ofMarie Avey – a strong, patient, and under-standing foster parent. As the case draggedon for over three years, Marie provided aloving and secure home for little Jaden andJulia. She made sure that the children were4 | LEGAL AID SOCIETY SUMMER 2009

Independent Living Court Established According to a recent survey done by the Child Welfare League of America…Seventeen-year-old foster child O.C. partially modeled after a similar program walked out of Independent Living in Tampa, which was observed by a team of • On average, there are approximately 60 Court this year feeling emboldened. local child advocates, including attorneys seventeen year-olds aging out of the foster“It lets you tell your side of life, what William Booth, Michelle Hankey, Melissa care system each year in Palm Beachyou’ve been through,” she said proudly. Duncan, and Jill Mahler of Legal Aid’s County. Juvenile Advocacy Project.That was the intended purpose behind the • Nearly half of children leaving foster careIndependent Living Court, geared for six- The court is such a success that Judge experience homelessness and joblessnessteen and seventeen-year-old foster children Karen Martin started hearing independent and will not graduate from high school.on the brink of aging out of the system. living reviews based on Judge Blanc’sIndependent Living is a program rooted in model. Judge Blanc hopes it can be expand- • In general, American youths do not livestate law that requires children aging out of ed into the other two juvenile divisions of independently until they are between 23the foster care system to be provided all the the court as well. and 26 years old.necessary life skills, including counselingand assistance with housing, before they Each teenager is appointed an attorney have done more that just survive the fosterturn eighteen. through the Juvenile Advocacy Project or care system. the Guardian ad Litem Program. The hear-“Instead of being lost and hopeless, they ings begin when they are sixteen years of “I am fascinated that most of the kids I seecome out of the system with a lot of hope,” age and occur at least every six months are positive and bright, and despite all theysaid Palm Beach County Circuit Court until the court loses jurisdiction over them. have been through, look like they are goingJudge Peter D. Blanc, who initially piloted Presently, Independent Living Court is con- to be success stories.” This is a welcomethe court last Fall. vened two afternoons a month, but Judge alternative to his routine court days of pre- Blanc hopes the program will expand. siding over children and families in crisis.Judge Blanc instituted the court upon hear-ing and reading disheartening stories citing At the hearings, the judge asks the young One of the most important components ofstatistics that kids who age out of the sys- adults, “How can I help?” He said he is this program, according to Judge Blanc, istem too often end up homeless, in jail with- amazed that the young adults he has met that “Everyone is working together toin a year, or dead. The court’s genesis was improve the lives of children.”Schoolhouse to Jailhouse Reform Project Legal Aid Attorney Barbara Briggs’ Barbara Briggs and instead are being unfairly punished for goal is to ensure that low income stu- behaviors that are related to their disabili- dents in Palm Beach County have vene with this population to decrease the ties in Palm Beach County. equal access to public education. For over likelihood of these youth incurring delin- seven years, Barbara has been collaborating quency charges for disability-related As Barbara has said, unfortunately, “the with the Advancement Project in behaviors at school. kids with the challenging behavior get con- Washington, DC, to address the impact of tinually removed farther and farther from zero tolerance disciplinary policies on poor Recently the Project partners – the Legal the mainstream in programs that aren’t children, children of color and children Aid Society of Palm Beach County, focused on education” – a trend she hopes with disabilities. This has led to collabora- Southern Legal Counsel and the Southern to stop. tion with a number of other civil rights Poverty Law Center – filed a complaint on organizations to address the school to behalf of all students with disabilities The School District of Palm Beach County prison pipeline. exhibiting behavioral problems and the recently settled with the complainants and Florida State Conference of the NAACP. has hired a nationally-recognized consult- The Southern Poverty Law Center (SPLC) According to the complaint filed in October ant to begin training its schools in Positive awarded Legal Aid a two-year grant for the with the Florida Department of Education, Behavioral Intervention Strategies. The Education Advocacy Project to work with students with documented behavioral or Palm Beach Post’s editorial staff has SPLC and the Southern Disability Law emotional disabilities are not getting the referred to the scope of the Settlement Center (SDLC) specifically on developing academic or emotional services they need Agreement as “striking.” Ultimately, all legislative, advocacy and litigation strate- school staff – from principals and teachers gies to keep children and youth with dis- to bus drivers and cafeteria workers – will abilities out of the “schoolhouse to jail- be trained. All parties believe the training house” pipeline. One goal of the Project is will result in a reduction in suspensions to replicate the successes of SDLC in utiliz- and expulsions, an increase in academic ing the Individuals with Disabilities performance for all students, and a Education Act’s State Complaint process to decrease in the number of students in spe- improve the behavioral and therapeutic cial education classes with the goal of an supports to disabled children and youth in improved graduation rate for all students. Florida, and to encourage the State to inter- SUMMER 2009 | 5LEGAL AID SOCIETY

Kevin, Lindsey and Deena McNamara Fran & Seth Marmor Ted & Rita DiSalvo Grier & Kristy Pressly 21st Annual ProCOLLEGE CRAZAReEuccotigonnitionMariano& Shelley Garcia Judge Robin The Attorneys Rosenberg & State honored at this year’s Attorney Michael event included: McAuliffe, Michelle & Scott Suskauer Bruce Alexander Construction Law Award Ronald Bornstein Family Law AwardJeff Wasserman and Linda Sheridan Elaine M. Bucher Probate Law Award Ronald E. Crescenzo Guardianship Law Award6 | LEGAL AID SOCIETY In honor of Suzanne Foley… “Serving Justice” Award The Suzanne Foley “Serving Justice” Award was estab- lished to honor the memory of Suzanne’s passionate commitment to the mission of the Legal Aid Society SUMMER 2009

Bono Award Winners from left to right, Adam Linkhorst, Gary Woodfield, Shelley Garcia,n Evening & Louis Silber, Richard Schuler, Ronald Bornstein, Ann Faraone, Dennis Koehler, Elaine Bucher, Thomas Dye, Bruce Alexander, Dean Morande and Ronald Crescenzo.Thomas Dye Civil Litigation AwardDennis Koehler Administrative Law AwardAdam Linkhorst Construction Law AwardDean Morande Civil Litigation AwardLouis Silber Chairs of the event, Scott & Jamie Murray and Glynetter & David Prather Real Property Law AwardGary Woodfield We heartily thank our co-chairs, neys, one child advocate and the Palm “And Justice for All” Award Scott & Jamie Murray and Beach County Bar Association for their Glynetter & David Prather, as outstanding pro-bono contribution in 2008. The Voluntary Bar Over $175,000 raised to support Association Award was presented to the Palm Legal Aid Society programs Beach County Bar Association and the Child Advocate Award recipient well as our master of ceremonies, Bill was Dr. Ann Faraone, Director of the Bone, for hosting the 21st Annual Pro Department of Student Intervention Bono Recognition Evening, themed Services for the School District of Palm “College Craze: Capturing the Campus Beach County. The first annual Suzanneand her exceptional fundraising abilities Spirit,” which was held on May 9th at the Foley Serving Justice Award, in memoryin support of our programs that serve Palm Beach County Convention Center. of Legal Aid’s Associate Director ofthe low income communities of Palm Legal Aid is deeply grateful to the 2009 Development, was presented to Shelley Award Winners, the event committee, Garcia and Michelle Suskauer. TheBeach County. The First Annual sponsors, auction donors, gift gathering evening’s activities included a delightfulSuzanne Foley “Serving Justice” gala hosts and everyone who attended auction, delicious food, and wonderfulAwards were presented to Shelley this wonderful event. Over 600 guests entertainment from Suncoast HighGarcia and Michelle Suskauer for were dressed in their “best” undergradu- School’s Marching Band and students ate and graduate college attire! from the Dreyfoos School of the Arts.their outstanding support of LegalAid’s resource development. The Legal Aid Society honored 10 attor- SUMMER 2009 | 7LEGAL AID SOCIETY

21st Annual Pro Bono Recognition Evening & Auction Bob Bertisch and Deborah Mullin David & Kim AckermanSusan & Michael MopsickPatti Leonard, Robert Hauser, Siobhan Shea Judge Fred Hazouri, Justice Barbara Pariente, Zuma Labarga and Justice Jorge Labarga Jeff & Amy Devore Bill & Gigi Tylander8 | LEGAL AID SOCIETY David Kohn and Mary Sue Donohue SUMMER 2009

Save The Date! Left to Right: Presenting Sponsor Jon Blunk of CityPlace Tower and teammates Val Perez, Michael Stellino and Hampton BeebeMonday, Columbus Day,October 12th, 2009 8th Annual Cup of Justice Golf ClassicThe Legal Aid Society’s The 2008 Cup of Justice Golf Classic raised more than $34,000 to9th Annual support Legal Aid’s Children’s Educational Advocacy Project which works to ensure equal access to public education for dis-Cup of JusticeGolf Classic abled children in Palm Beach County.once again will be held atBear Lakes Country Club.Don’t miss out on the opportunity toplay one of the premiere, private golfcourses in the area and support LegalAid’s Educational Advocacy Project!To register your team for the event,please contact Devin Kraussemail: [email protected]: 561-822-9791Many of the children in the fos- WANTED: his/her academic goals. We ask that you ter care system lack the self- commit to at a least one year relationship esteem and resources to pur- and recommend that you meet with yoursue a college education. We at Legal Aid, MEDEUNCATTOIORNS protégé for a minimum of 5 hours perhowever, see a great deal of potential and month to maintain a productive relation-determination in these children. ship. In addition to the pride you will feelTherefore we implemented the Youth for serving as a mentor, you will also haveEmpowerment Project to pair mentors outstanding networking opportunities andwith foster care children between the ages FOR may be eligible for CLE and CEU credits.of 14 and 18 who will be “aging out” of If you are interested in becoming athe system. The Project was begun in col- mentor for a foster child, please contactlaboration with the School District of PalmBeach County and Educate Tomorrow, a FOSTER Carlton Smith, J.D., Project Managernon-profit organization that provides one- at 561-822-9744on-one educational mentors to foster care CHILDREN! or at [email protected] in Miami. Legal Aid is coordinat-ing the initiative because children in foster Your guidance can help put a foster childcare are all too familiar with the legal sys- coaches for those foster children who want on the right path to higher education.tem and could use positive role models. to advance their education but do not knowThe idea behind the Youth Empowerment how to navigate the process on their own.Project is to pair these teens with successful Professionals who mentor these teens willprofessionals – ideally attorneys or parale- inspire them to pursue post-secondarygals – so these youth can see how they too education and encourage them to stay oncan overcome adversity and make a differ- track.ence in the lives of others. All mentor volunteers will be trained andWe are currently seeking mentors to serve equipped with the necessary tools and YOUTH EMPOWERMENT PROJECTas educational/career planners and life resources to help your youth set and reachLEGAL AID SOCIETY SUMMER 2009 | 9

Case Study for to wait as her client sat on the doorstep of Foster Children’s Project Attorney Kirsten HerndonSpeedy Trial his new life. With the help of two attorneys from the Juvenile Advocacy Project, statute as the basis for curtailing the contin-Extensions and continuances are com- William Booth & Michelle Hankey, and a uances or extensions of time in dependency monly used tactics employed during new statute affording such children the proceedings “to the number of days legal proceedings. These tools are right to a “speedy trial”, Kirsten appealed absolutely necessary to complete a neces-available so that attorneys can ensure they sary task in order to preserve the rights of aare fully prepared for trial. Unfortunately, Children under the age of 12 party or the best interests of the child.” Thisin many cases, both civil and criminal, typically spend between two ruling imposes an outer limit of 60 days forthese tools are abused to the detriment of and four years in foster care continuances in any 12-month period.individuals involved and the proper func-tioning of our legal process. The results of depending on their age. As a result, Kirsten’s client received a time-these “delay” tactics are especially dis- The older the child gets, ly trial and decision. He is now living hap-heartening when they are employed to the pily with his adoptive family.detriment of a child. This was the unfortu- the longer he or she Furthermore, the appellate court’s opinionnate case for Foster Children’s Project will likely spend in in this case is cited by child advocatesAttorney Kirsten Herndon and her two throughout the State of Florida to keep chil-year old minor client (who had been in the the system. dren’s cases on track.system since he was 10 months old). the lower court’s order granting the contin-In this case, Kirsten was prepared to litigate uance to the Fourth District Court offor the termination of parental rights on Appeal in West Palm Beach.behalf of her two year old client, who wasalready in his pre-adoptive home, ready to In an expedited hearing last year, the appel-be adopted. One of the parent’s rights had late court ruled in favor of Kirsten and herbeen terminated, but the other’s had not. client. Thus, the court interpreted the newThe father’s attorney continued to delaythe fate of this child by requesting morepreparation time. Kirsten was not willingLegal Aid Speeds of Chicago to conduct a third-party evalua- impact that FCP has had on the child pro-Adoptions tion of the Project. In addition to examining tective service system in Palm Beach the impact that FCP has had on permanen- County.Agroundbreaking study released in cy placements, it also looked at the pro- 2008 showed that foster children gram elements or practices that serve to A major concern expressed among social represented by Legal Aid attorneys define FCP and explored the broader service caseworkers was that FCP may beget adopted or permanently placed in a sta- moving too quickly to place children inble home four times faster than children adoptive homes rather than spendingwho are not represented. more time trying to reunite them with their parents. If that were the case, theThrough a contract with Children’s analysis would have shown a lower inci-Services Council of Palm Beach County, dence of reunifications. Yet this is not theLegal Aid’s Foster Children’s Project (FCP) case: FCP’s success with regard to adop-provides legal representation to children 12 tion is not associated with lower rates ofyears of age and younger and their siblings reunification. Children represented byentering shelter care in Palm Beach County. FCP are just as likely to be returned homeThe primary purpose of the Project is to as children not represented.help expedite children’s exit to permanen-cy (i.e., reunification or adoption). The FCP Above all else, the FCP is a success becauseserves as attorney ad litem for the children it strives to bring stability to these chil-it represents. dren’s lives and helps them understand the legal process that they are caught in.In order to determine the impact that theFoster Children’s Project (FCP) has had on For copies of the study entitledthe nature and timing of children’s perma-nency outcomes, Children’s Services “Expediting Permanency: LegalCouncil, the Florida Bar Foundation, and Representation for Foster Children inLegal Aid contracted with the Chapin Hall Palm Beach County” in its entirety,Center for Child Research at the University please visit the Chapin Hall website www.chapinhall.org or call (773) 256-5213.10 | LEGAL AID SOCIETY SUMMER 2009

Welcome! New Staff Members With a Commitment to Justice for All …Legal Aid Society of Palm Beach County, Inc. Nearly a third of our employeesPatty Alcantara Devin Krauss Curt Sanchez have worked for Legal Aid for more than ten years – five of Paralegal Special Events Attorney them for more than 20 years! CoordinatorVrenda Cain Noelle Smith Baby Judith Migdal- Boom: Attorney Mack Executive Assistant Legal Aid had itsJustine Cupo Supervising Attorney Ferris Solomon own baby boom … six of our attorneys recently gave birth to five Grants & Fiscal Gloria Olivo Attorney baby boys and one baby girl! Manager Congratulations to Receptionist/Intake www.legalaidpbc.org Abigail Beebe, Kelly Moore-Bertisch,Latrice Dean Specialist Melissa Duncan, Andrea Reid, Carrie Vaughn and Maisa Wells. Attorney Sandra Powery Congratulations also to Jill Mahler who is expecting this year.Tammy Greer Attorney Grants Development Hilda Roussel Manager ParalegalSusan Hendricks AttorneyEmma Keller AttorneyKudos to…Ross Baer Amy J. Genet, Esq. Shane O’Meara, Esq. & William Booth, Esq.Recipient of Nova Southeastern University Represented a teenager from HaitiShepard Broad Law Center’s 2009 Adjunct Members of the 2008 Fourth District who was in the Independent Livingof the Year Award Court of Appeal Panel on Expediting foster care system, for whom he obtained Dependency Appeals which produced lawful permanent residentHarreen Bertisch a far-reaching report from the Florida status through the “special immigrant Supreme Court’s Commission on District juvenile”program of the Immigration and2009-10 President of the Community Back- Court of Appeal Performance and Nationality Act. Shane appealed the State’sTo-School Bash Accountability (DCAPA) making system- denial of this teen’s eligibility for Medicaid. wide procedural recommendations on The federal government waved the surren-William Booth, Esq. improving the efficacy of appeals der flag and told the state to acquiesce to& Michelle Hankey, Esq. Shane’s appeal. Mariela MartinezMembers of the 2008-09 Dependency Court Angelia Patterson, Esq.,Improvement Multidisciplinary Panel of Featured in an article in La Palma applaud- Curt Sanchez, Esq.the Office of State Court Administration ing the efforts of Legal Aid’s Non-Citizen & Ferris Solomon, Esq.(OSCA) Victims of Domestic Violence Project For passing the Florida Bar exam!Ana Casey & John Foley, Esq. Tequisha Myles, Esq. Kimberly Rommel-Enright, Esq.Recipients of the 2008 Healthy Mothers 2008-09 Immediate Past-President of the F./Healthy Babies Pro Bono Award Malcolm Cunningham, Sr., Bar Association; 2008-09 President of the Palm Beach Secretary of the Board of Directors of County Chapter of the Florida AssociationBonnie Cohen Adopt-A-Family of the Palm Beaches, Inc. of Women Lawyers; also the Co-Chair of the Children’s Issues Committee of theRecipient of the 2008 Stroke of Hope Legal Aid Society of Palm Family Law Section of the Florida BarAward for her dedication to the clientele Beach Countythat they serve; also 2008 Nominee for Bonnie SilversteinExecutive Women of the Palm Beaches Recipient of the 2008 Non-Profit of the YearWomen in Leadership Award Award from the Chamber of Commerce of 2008-09 President of the Florida Pro Bono the Palm Beaches; also received an Coordinators Association; recently retiredMelissa Duncan, Esq. Honorable Mention for FAWL – Palm after 26 years of service to the Legal Aid Beach County Chapter’s First Annual Society of Palm Beach CountyMember of the Mental Health Family Friendly Firm AwardSubcommittee of the Florida Supreme Sandra VinesCourt Families and Children in the Court Linda NorrisSteering Committee Awarded the Masters of Mental Health 2008 President, Heart Gallery of Palm Counseling from South UniversityThe Foster Children’s Project Beach CountyHonoree - Palm Beach County NationalAdoption DayLEGAL AID SOCIETY SUMMER 2009 | 11

Legal Aid Society Nonprofit Org. U.S. Postage of Palm Beach County, Inc. 423 Fern Street, Suite 200 PAID West Palm Beach, FL 33401 West Palm Beach, FL www.legalaidpbc.org Permit No. 1445Fighting for FairnessPromoting JusticeThis newsletter is published by the Legal Aid Society of Palm Beach County, Inc. at 423 Fern Street, Suite 200, West Palm Beach, FL 33401. TEL (561) 655-8944. No part of this publication may bereproduced in any form without the express consent of the Legal Aid Society of Palm Beach County, Inc. Copyright 2009, all rights reserved.Featured Funder SponsorsGreenbergTraurig is an interna- domestic violence, frail and exploited elders, SUMMER 2009 abused and neglected children and immi-tional multi-disciplinary law firm that pro- grant populations served by legal aid organ-vides integrated solutions to clients world- izations.wide. Founded in 1967 by three legal vision-aries: Melvin Greenberg, Larry Hoffman and Thanks to Greenberg Traurig’s generosity,Robert Traurig, today’s Greenberg Traurig the Legal Aid Society of Palm Beach Countyhas more than 1,750 attorneys and govern- has been able to host four Equal Justicement affairs professionals in 29 offices in the Fellows for two years each: Shahar PaschUnited States, Europe and Asia. (2002); Tim Stevens (2003); J. Samantha Vacciana (2004) and Jill Mahler (2005).The firm is especially proud of its history of Shahar, Tim and Jill have continued on aspublic service and philanthropy in South staff attorneys at Legal Aid.Florida. Greenberg Traurig’s Palm BeachCounty offices have taken on an active role in The firm’s commitment to the Legal Aidsupporting and strengthening the communi- Society of Palm Beach County is further evi-ties they serve through pro bono initiatives denced by Phillip H. Hutchinson, Esq. serv-and the Greenberg Traurig Fellowship ing on Legal Aid’s Board of Directors andFoundation. Greenberg Traurig serves as the managing partner Howard Bregman andlargest sponsor ofthe Equal Justice his wife, Kim, co-Works Fellowship chairing the 15thin the United Annual Pro BonoStates and together with the Florida Bar RecognitionFoundation has invested more than $3.5 mil- Evening and hosting a Gift Gathering Gala atlion to more than 75 Equal Justice Works their home. The firm has been a Benefactor ofFellows since 1999. The fellows deliver criti- the Annual Pro Bono Evening & Auctioncally needed legal services to survivors of since 2002.12 | LEGAL AID SOCIETY